For the past three years the state government has been trialling infringement notices for selected summary and one indictable offence. These are:offensive behaviour and indecent language under s 17 of the Summary Offences Act 1966; liquor-related offences: consume, supply or possess liquor on unlicensed premises under s 113(1) of the Liquor Control Reform Act 1999; …
Continue reading Legislation Watch: Justice Legislation Amendment (Infringement Offences) Bill 2011
Edit: The sentencing decision referred to below is no longer good law, due to the Court of Appeal's decision in CNK v The Queen [2011] VSCA 228.At 15,For the reasons we have given, the language of the statute conveys a clear legislative intention to exclude general deterrence. Whilst that intention is not made explicit, it …
Last Friday the Court of Appeal set aside a conviction on a single count of indecent assault, in Sabet v The Queen [2011] VSCA 124.The case stands out partly because it arose from a trial where the jury acquitted the accused of all other charges that might have suggested indecent circumstances. (And also because there …
Continue reading Sabet v The Queen [2011] VSCA 124: kiss on the cheek not necessarily indecent
Edit: While 'pretext' conversations arranged by the police without an appropriate warrant seem likely to be excluded, a staged conversation initiated entirely be a third party (such as a complainant) apprarently does not lead to the same result: F M J v The Queen [2011] VSCA 308.A colleague put me on to a recent case …
Continue reading Pretext recording contrary to Charter and Evidence Act?
In Curtis v The Queen [2011] VSCA 102 the appellant contested his conviction on the appeal, claiming (though not at the earlier trial) his urging two children to kiss could not be considered indecent. An offence under s 47 Crimes Act can be committed either with or in the presence of a child under 16. …
Continue reading Curtis v The Queen [2011] VSCA 102: indecent acts "by" children